About this information:
This information was prepared by the Legal Advocacy division of the American Diabetes Association® (ADA), a national leader in diabetes information and advocacy. This information covers state rules on diabetes care in Nebraska schools, and may not include all the relevant rules and important details. While ADA strives to provide current information, laws and resources can frequently change. This information is not legal advice and professional legal advice should be sought as needed.
1. Does Nebraska allow school staff members who are not health care professionals to administer insulin?
The law unclear, but there is no barrier to this. Nebraska law allows school staff to administer some types of medication if they are found competent by a licensed health care professional. While the law does not make a specific mention of insulin, it permits school staff to administer medication through alternate routes for specific children:
“[…] a staff member of a school may provide routine medications by the following routes: (a) Oral; (b) inhalation; (c) topical; and (d) instillation into the eyes, ears, and nose. (2) […] a staff member of a school may provide medication by additional routes not listed in subsection (1) of this section […] or participate in observing and reporting for monitoring medications only under the following conditions: (a) A determination has been made by a competent individual, a caretaker, or a licensed health care professional and placed in writing that […] staff member of a school is competent to perform these activities; and (b) It has been determined by a licensed health care professional and placed in writing that these activities can be done safely for a specified recipient.” R.R.S. Neb. § 71-6723.
In situations when state law is unclear, federal laws may allow unlicensed staff to provide this care. This may be necessary so that children with diabetes can access education just like any other child. In case of a conflict between federal and state laws, federal laws protect the rights of children. The law in this area is very complicated so we encourage you to contact us for further information.
2. Does Nebraska allow school staff members who are not health care professionals to administer glucagon?
The law is unclear, but there is no barrier to this. As stated above, a competent school staff member can administer medication. This includes administration of "PRN medication," which is medication that is only taken as-needed. R.R.S. Neb. § 71-6723. Glucagon administration should be covered by this general rule, but the law is not explicit.
3. Does Nebraska allow students to self-manage diabetes at school?
Yes. Students with a diabetes care plan can perform all aspects of diabetes care, anywhere on school grounds, and during any school-related activities:
“(1) An approved or accredited public, private, denominational, or parochial school shall allow a student with diabetes to self-manage his or her diabetic condition upon written request of the student's parent or guardian and authorization of the student's physician, upon receipt of a signed statement under subsection (5) of this section […] (3) Pursuant to the diabetes medical management plan developed under subsection (2) of this section, a student with a diabetic condition shall be permitted to self-manage his or her diabetic condition in the classroom or any part of the school or on school grounds during any school-related activity or in any private location specified in the plan.” R.R.S. Neb. § 79-225.
4. Does Nebraska allow students to carry diabetes supplies such as needles, insulin, and blood glucose testing devices?
Yes. However, schools reserve the right to prohibit this if the student misuses diabetes care supplies.
“(4)(a) A school may prohibit a student from possessing the necessary medical supplies to self-manage his or her diabetic condition or place other necessary and appropriate restrictions or conditions on the student's self-management of his or her diabetic condition if the school determines that the student has endangered himself, herself, or others through the misuse or threatened misuse of such medical supplies. The school shall promptly notify the parent or guardian of any prohibition, restriction, or condition imposed.” R.R.S. Neb. § 79-225.
5. Does Nebraska allow students with diabetes to carry cellphones or smart devices for medical purposes?
Nebraska currently does not have any statewide cellphone restrictions or bans for schools. However, individual schools or districts may create their own policies. If your child is having challenges with cell phone access at school, please contact us at 1-800-DIABETES or email AskADA@diabetes.org. Additional resources can be found on our Safe at School homepage.
Resources:
For more information, see the following helpful resources:
- Nebraska State Rules and Regulations, Article 2, Section 71-6723, Administration of medication; methods authorized; conditions; additional methods; requirements
- Nebraska State Rules and Regulations, Article 2, Section 79-225, Diabetic condition; self-management by student; conditions; request; authorization
- Nebraska Administrative Code Title 92, Chapter 59, Methods for Competency Assessment of School Staff who Provide Medication
- Nebraska Department of Education, Diabetes Packet/ Meeting Special Dietary needs of Children with Diabetes, 2010
Additional Safe at School resources are available at diabetes.org/safeatschool. To receive information and guidance about a school diabetes care issue, contact 1-800-DIABETES (1-800-342-2383) or AskADA@diabetes.org
